[Rev. 11/22/2013 9:45:15 AM--2013]

[NAC-583 Revised Date: 4-12]

CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRY AND EGGS

MEAT AND FISH

583.010            Definitions and labeling of meat and meat products.

583.020            Stamps.

583.030            Form of stamps.

583.040            Game and uninspected products.

583.050            Adulterated meat or meat food products.

583.060            Sale and display of shellfish.

POULTRY

583.070            Poultry, rabbits, pheasants and similar products.

EGGS

583.080            Definitions.

583.090            General terms defined.

583.100            Terms descriptive of the shell defined.

583.111            Terms descriptive of the air cell defined.

583.121            Terms descriptive of the white defined.

583.131            Terms descriptive of the yolk defined.

583.141            Standards of quality for shell eggs of domesticated chickens.

583.151            Consumer grades for shell eggs.

583.161            Standards for size and weight classification of shell eggs.

583.171            Summary of grades for shell eggs.

583.201            Official samples.

MEAT AND POULTRY INSPECTION

583.211            Definitions.

583.221            “Capable of use as human food” defined.

583.231            “Color additive” defined.

583.240            “Federal Food, Drug and Cosmetic Act” defined.

583.250            “Federal Meat Inspection Act” defined.

583.260            “Firm” defined.

583.270            “Food additive” defined.

583.280            “Label” defined.

583.290            “Meat food product” defined.

583.300            “Officer” defined.

583.310            “Official inspection mark” defined.

583.320            “Pesticide chemical” defined.

583.330            “Prepared” defined.

583.340            “Raw agricultural commodity” defined.

583.350            Scope.

583.360            Authority of Officer.

583.370            Inspection service.

583.380            Appointment and duties of inspectors.

583.390            Access to establishments; destruction of condemned products.

583.400            Antemortem examination.

583.410            Postmortem inspections.

583.420            Nighttime inspections.

583.430            Sanitation inspections.

583.440            Labeling and marking.

583.450            Reinspection before entry into official establishment.

583.460            Labels: Prohibited acts.

583.470            Withdrawal of inspection services.

583.480            Bribes.

583.490            Seizure and condemnation.

583.500            Federal Meat Inspection Act.

583.510            Federal assistance.

583.520            Adoption of federal regulations.

583.530            Exemptions.

SHELLFISH

583.532            Definitions.

583.534            “Certificate” defined.

583.536            “Facility” defined.

583.538            “Health Division” defined.

583.539            “Model ordinance” defined.

583.540            “Shellfish” defined.

583.542            “Wholesaler” defined.

583.546            Adoption by reference of Shellfish Sanitation Model Ordinance.

583.548            Certificate required to operate as wholesaler.

583.550            Certificate: Application; issuance; renewal; fees.

583.552            Certificate: Grounds for denial, suspension or revocation.

583.554            Certificate: Appeal of denial, suspension or revocation.

583.560            Requirements for affixing stamp.

583.570            Analysis of samples.

583.580            Handling and shipment.

583.590            Stamp to be affixed to tag; information required on tag.

 

MEAT AND FISH

      NAC 583.010  Definitions and labeling of meat and meat products. (NRS 439.200)  Definitions, labeling and the composition of meat and products not otherwise defined must be as described in the Regulations Governing Meat Inspection of the Department of Agriculture, 9 C.F.R. Part 319.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1b, eff. 7-2-62; A 8-21-62; 7-8-73]

      NAC 583.020  Stamps. (NRS 439.200)

     1.  Each approved slaughter or processing establishment must be issued a number for use on a stamp. Sufficient stamps bearing this number and the name of the plant must be provided.

     2.  Stamps must be affixed only by an authorized inspector. Stamps must remain in the possession of the authorized inspector at all times.

     3.  No other stamp may be used by an establishment other than the approved stamp.

     4.  Stamps must be surrendered to the Board of Health when approved inspection services are withdrawn.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 7, eff. 7-2-62; A 8-21-62; renumbered as 5, 7-8-73]

      NAC 583.030  Form of stamps. (NRS 439.200)  The approved stamp authorized by NAC 583.020 must be the stamp of the Meat Inspection Division of the Department of Agriculture indicating that the meat or meat product has been processed, inspected and is in full compliance with Regulations Governing Meat Inspection of the Department of Agriculture or the approved stamp of Nevada indicating processing in accordance with NAC 583.211 to 583.500, inclusive.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1a, eff. 7-2-62; A 8-21-62]

      NAC 583.040  Game and uninspected products. (NRS 439.200)  Game and similar uninspected products are not to be stored before processing or processed with inspected meat products. These products must be cleaned, prepared for processing and stored in a plant. These products must be handled and processed separately from other meats and foods.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1f, eff. 7-2-62; A 8-21-62; renumbered as 1e, 7-8-73]

      NAC 583.050  Adulterated meat or meat food products. (NRS 439.200)  The term “adulterated” applies to any carcass, part thereof, meat or meat food product which:

     1.  Bears or contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, the article is not considered adulterated if the quantity of the substance in or on the article does not ordinarily render it injurious to health.

     2.  Bears or contains, by reason of the administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:

     (a) A pesticide chemical in or on a raw agricultural commodity;

     (b) A food additive; or

     (c) A color additive, which may, in the judgment of the State Health Officer, make the article unfit for human food.

     3.  Is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug and Cosmetic Act.

     4.  Bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act.

     5.  Bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act if an article which is not adulterated under subsections 3 to 5, inclusive, is adulterated if use of the pesticide chemical, food additive or color additive in or on the article is prohibited by the regulations of the Board of Health in establishments at which inspections are conducted.

     6.  Consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

     7.  Has been prepared, packed or held under unsanitary conditions where it may have become contaminated with filth or where it may have been rendered injurious to health.

     8.  Is, in whole or in part, the product of an animal which has died other than by slaughter.

     9.  Is in a container composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

     10.  Has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug and Cosmetic Act.

     11.  Has a valuable element that has been, in whole or in part, omitted or abstracted from it, any substance has been substituted, wholly or in part, for it, damage to it or inferiority has been concealed in any manner, or any substance has been added to it, mixed or packed, to increase its bulk or weight, reduce its quality or strength or make it appear better or of greater value than it is.

     12.  Is margarine containing animal fat and any of the raw material used therein consisting in whole or in part of any filthy, putrid or decomposed substance.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 6, eff. 7-8-73]

      NAC 583.060  Sale and display of shellfish. (NRS 439.200)

     1.  Shellfish must be sold and displayed only in its original container.

     2.  Shellfish for sale, shipment or distribution in Nevada must be certified and have on the container the assigned number authorized by the United States Public Health Service. The number and plant must be on the current approved list of shippers of shellfish of the Public Health Service.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1d, eff. 7-2-62; A 8-21-62; renumbered as 1c, 7-8-73]

POULTRY

      NAC 583.070  Poultry, rabbits, pheasants and similar products. (NRS 439.200)

     1.  Poultry for sale, shipment or distribution in Nevada must be from establishments approved and in compliance with the Poultry Products Inspection Act of the Department of Agriculture, and the regulations concerning food and drink establishments in chapter 446 of NAC. Poultry or containers containing poultry must be labeled indicating processing in an approved plant in Nevada, or from a plant approved and on the current list of approved plants of the Department of Agriculture.

     2.  Poultry must be handled and prepared separately from other meat products in retail establishments.

     3.  Rabbits, pheasants, pigeons and similar products not under the federal inspection program must be from an approved plant in compliance with chapter 446 of NRS, and must be inspected and labeled as required for other meat products.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1e, eff. 7-2-62; A 8-21-62; renumbered as 1d, 7-8-73]

EGGS

      NAC 583.080  Definitions. (NRS 583.130)  As used in NAC 583.080 to 583.201, inclusive, unless the context otherwise requires, the terms defined in NAC 583.090 to 583.131, inclusive, have the meanings ascribed to them in those sections.

     [St. Quarantine Officer, part No. 83.09, eff. 3-1-58; A 4-1-72]—(Substituted in revision for NAC 583.110)

      NAC 583.090  General terms defined. (NRS 583.130)

     1.  “Brand” means any term, design or trademark used on any container or lot to identify the producer, dealer, retailer or agent by or for whom the eggs were packed.

     2.  “Case” means a container holding 30 dozen shell eggs.

     3.  “Leaker” means an egg that has a crack or break in the shell and the shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

     4.  “Loss” means an egg that is unfit for human food as defined in NRS 583.140, is smashed or broken so that the contents are leaking, cooked, frozen or contaminated or contains bloody whites, large blood spots, large unsightly meat spots or other foreign material.

     5.  “Lot” means any quantity of eggs of the same size and quality assembled at one location and under one brand.

     [St. Quarantine Officer, part No. 83.09, eff. 3-1-58; A 4-1-72]—(NAC A 11-7-84)

      NAC 583.100  Terms descriptive of the shell defined. (NRS 583.130)  A shell egg is:

     1.  “Abnormal” if it is somewhat unusual or decidedly misshapen, lacks soundness or strength, or shows pronounced ridges or thin spots.

     2.  “Clean” if it is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains, or marks from a cage, which are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.

     3.  “Dirty” if it has dirt or foreign material adhering to its surface or has prominent or moderate stains in excess of those permitted for eggs of B quality.

     4.  “Practically normal” if it approximates the usual shape and is sound and free of thin spots. Slight ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

     [St. Quarantine Officer, No. 83.05, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)—(Substituted in revision for NAC 583.130)

      NAC 583.111  Terms descriptive of the air cell defined. (NRS 583.130)

     1.  “Bubbly air cell” means a ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

     2.  “Depth of air cell” refers to the air space between shell membranes normally in the large end of the egg and means the distance from its top to its bottom when the egg is held air cell upward.

     3.  “Free air cell” means an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

     4.  An air cell is “practically regular” if it maintains a practically fixed position in the egg and shows a fairly even outline with not more than 1/4-inch movement in any direction as the egg is rotated.

     [St. Quarantine Officer, No. 83.06, eff. 3-1-58; A 4-1-72]—(Substituted in revision for NAC 583.140)

      NAC 583.121  Terms descriptive of the white defined. (NRS 583.130)  The white of an egg is:

     1.  A “bloody white” if blood is diffused through the white.

     2.  “Clear” if it is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas must not be confused with foreign bodies such as spots or blood clots.)

     3.  “Firm” if it is sufficiently thick or viscous to prevent the outline of the yolk from being more than slightly defined or indistinctly indicated when the egg is twirled.

     4.  “Reasonably firm” if it is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely, which results in a fairly well defined outline of the yolk when the egg is twirled.

     5.  “Weak and watery” if it is slightly weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, causing the outline of the yolk to appear plainly visible and dark when the egg is twirled.

     [St. Quarantine Officer, No. 83.07, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

      NAC 583.131  Terms descriptive of the yolk defined. (NRS 583.130)

     1.  “Blood due to germ development” means blood caused by the development of a germ in a fertile egg to the point where the blood is visible as definite lines or as a blood ring.

     2.  “Clearly visible germ development” means development of a germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

     3.  A yolk has “definite but not serious defects” if it shows definite spots or areas on its surface but with only a slight indication of germ development or other pronounced or serious defects.

     4.  A yolk is “enlarged and flattened” if the membranes and tissues of the yolk have weakened and moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

     5.  A yolk has “serious defects” if it shows well-developed spots or areas and other serious defects such as olive yolks which do not render the egg inedible.

     6.  “Outline fairly well defined” means the outline of a yolk is discernible but not clearly defined as the egg is twirled.

     7.  “Outline plainly visible” means the outline of a yolk is clearly visible as a dark shadow when the egg is twirled.

     8.  “Outline slightly defined” means the outline of a yolk is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

     9.  A yolk is “practically free from defects” if it shows no germ development although it may show other very slight defects on its surface.

     [St. Quarantine Officer, No. 83.08, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)—(Substituted in revision for NAC 583.160)

      NAC 583.141  Standards of quality for shell eggs of domesticated chickens. (NRS 583.130)  Shell eggs of domesticated chickens, except eggs which have been removed from incubation after partial development, must be classified according to the following standards of quality:

     1.  AA quality: The shell must be clean, unbroken and practically normal. The air cell must not exceed one-eighth of an inch in depth, measured at destination, and may show unlimited movement and be free or bubbly. The white must be clear and firm. The yolk must be practically free from apparent defects.

     2.  A quality: The shell must be clean, unbroken and practically normal. The air cell must not exceed three-sixteenths of an inch in depth, measured at destination, and may show unlimited movement and be free or bubbly. The white must be clear and at least reasonably firm. The yolk must be practically free from apparent defects.

     3.  B quality:

     (a) The shell must be unbroken, may be abnormal and show slight stains, but it may not have adhering dirt.

     (b) When a stain is localized, approximately one thirty-second of the surface of the shell may be moderately stained. When the moderately stained areas are scattered, approximately one-sixteenth of the surface of the shell may be moderately stained.

     (c) The air cell may show unlimited movement and may be free or bubbly, but must not exceed three-eighths of an inch in depth, measured at destination.

     (d) The white may be weak and watery.

     (e) The yolk may appear dark, enlarged and flattened. It may show clearly visible germ development but may not show the presence of blood due to that development. Small blood clots or meat spots which, in the aggregate, are not more than one-eighth of an inch in diameter may be present.

     4.  Check quality: The shell is broken or cracked but the membranes of the shell must be intact and the contents of the shell must not leak. A checked egg is of lower quality than a dirty one.

     [St. Quarantine Officer, No. 83.02, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84; 10-17-86)

      NAC 583.151  Consumer grades for shell eggs. (NRS 583.130)

     1.  A grade AA quality lot at destination consists of eggs at least 72 percent of which are AA quality, 10 percent or more of the remaining are A quality and 18 percent or less are B quality. The percentage of B quality must not be more than 1 percent B quality due to air cells over three-eighths of an inch, blood spots (aggregating not more than one-eighth of an inch in diameter), or serious defects in the yolks. Checks must not exceed 7 percent (9 percent for jumbo size). Leakers, dirties or losses due to meat or blood spots, in any combination, must not exceed 1 percent except loss must not exceed 0.3 percent. Other types of loss are not permitted.

     2.  A grade A quality lot at destination consists of eggs at least 82 percent of which are A quality or better, not more than 18 percent are below A quality, not more than 1 percent are B quality due to air cells over three-eighths of an inch, meat or blood spots (aggregating not more than one-eighth of an inch in diameter) or serious defects in the yolks, not more than 7 percent (9 percent for jumbo size) are checks, and not more than 1 percent are leakers, dirties or losses due to meat or blood spots, in any combination. The loss may not exceed 0.3 percent. Other types of loss are not permitted.

     3.  A grade B quality lot at destination consists of eggs at least 90 percent of which are B quality or better, not more than 10 percent are checks and not more than 1 percent are leakers, dirties or losses due to meat or blood spots in any combination. The loss may not exceed 0.3 percent. Other types of loss are not permitted.

     4.  In lots of two or more cases:

     (a) For grade AA, each individual case must contain at least 62 percent AA quality eggs.

     (b) For grade A, each individual case must contain at least 72 percent A quality eggs.

     (c) For grade B, each individual case must contain at least 80 percent B quality eggs.

     (d) For any grade, a tolerance of 3.3 percent for eggs in the next lower class by weight is permitted for the lot if no individual case within the lot exceeds 5 percent.

     (e) A lot will not be rejected or downgraded because of the quality of a single egg except for loss other than blood or meat spots.

     [St. Quarantine Officer, No. 83.03, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

      NAC 583.161  Standards for size and weight classification of shell eggs. (NRS 583.130)

 

NEVADA STANDARDS FOR SIZE AND WEIGHT CLASSIFICATION OF SHELL EGGS AT THEIR DESTINATION

 

 

 

 

 

Minimum Net

Minimum Net

Minimum Net

 

Weight

Weight Per

Weight Per

 

Per Dozen

30 Dozen

Individual Egg

Class

(Ounces)

(Pounds)

(Ounces)

 

Jumbo

 

30

 

56.0

 

2 5/12

Extra Large

27

50.5

2 1/6

Large

24

45.0

1 11/12

Medium

21

39.5

1 2/3

Small

18

34.0

Less than 1 5/12

Peewee

15

28

No minimum

 

     [St. Quarantine Officer, No. 83.01, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84; R052-00, 11-15-2000)

      NAC 583.171  Summary of grades for shell eggs. (NRS 583.130)

     1.  Except as otherwise provided in this section, the grades of shell eggs must be determined at destination in accordance with the following schedule:

 

Grade of

 

Required Quality

Tolerance Permitted

 

Lot

 

 

Percent                                               Quality

 

 

 

 

 

 

AA

 

At least 72 percent

AA

 

Of eggs not AA,

     at least 10..................................

     Not more than 18......................

     Not more than 7........................

     Not more than 1........................

 

 

 

A

B

Checks

Leakers, dirties or losses due to meat or blood spots

 

 

 

 

 

A

 

At least 82 percent

 A or better

 

     Not more than 18......................

     Not more than 7........................

     Not more than 1........................

 

B

Checks

Leakers, dirties or losses due to meat or blood spots

 

 

 

 

 

B

 

At least 90 percent

B or better

 

     Not more than 10......................

     Not more than 1........................

 

Checks

Leakers, dirties or losses due to meat or blood spots

 

     2.  Not more than 1 percent of the eggs which are B quality in an AA or A quality lot may be so classified because of the presence of air cells which are over three-eighths of an inch in depth, meat or blood spots which are, in the aggregate, not more than one-eighth of an inch in diameter, or serious defects in the yolks.

     3.  Losses because of meat or blood spots may not exceed 0.3 percent in any lot. Other types of loss are not permitted.

     4.  Nine percent of the eggs in any lot may be checks if the eggs are jumbo size.

     [St. Quarantine Officer, No. 83.04, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)

      NAC 583.201  Official samples. (NRS 583.130)

     1.  As used in this section, “official sample” means a sample drawn by an authorized person to determine the official grade of a lot for size and quality.

     2.  A sample of equal portions must be taken from evenly distributed parts of a lot to be inspected in accordance with the following procedures:

     (a) For lots of less than 50 eggs the official sample must consist of all the eggs in the lot.

     (b) For lots of 50 eggs or more but less than one case, the official sample must consist of at least 50 eggs.

     (c) For lots of one case or more, the official sample must consist of at least 100 eggs which are taken from a representative number of cases as follows:

 

   Number of

Number of Cases

  Cases in Lot

Represented in Sample

 

 

 

 

 

1

 

 

1

 

2

-

10

2

 

11

-

25

3

 

26

-

50

4

 

51

-

100

5

 

101

-

200

8

 

201

-

300

11

 

301

-

400

13

 

401

-

500

14

 

501

-

600

16

 

 

Ê For each additional 50 cases or fraction thereof over 600 cases, one case must be added to the cases in the sample.

     [St. Quarantine Officer, No. 83.10, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

MEAT AND POULTRY INSPECTION

      NAC 583.211  Definitions.  As used in NAC 583.211 to 583.530, inclusive, unless the context otherwise requires, the words and terms defined in NAC 583.221 to 583.340, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification)

      NAC 583.221  “Capable of use as human food” defined. (NRS 583.535)  “Capable of use as human food” has the meaning ascribed to it in NRS 583.272.

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. h, eff. 11-4-70; renumbered as § A subsec. 8, 3-5-71]

      NAC 583.231  “Color additive” defined. (NRS 583.535)  “Color additive” means a material which:

     1.  Is a dye, pigment or other substance made by a process of synthesis or similar article, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source; and

     2.  When added or applied to a food, drug or cosmetic, or to the human body or any part thereof, is capable, alone or through a reaction with another substance, of imparting color thereto. The term does not include any material which the Secretary of Agriculture, by regulation, determines is used, or intended to be used, solely for a purpose or purposes other than coloring.

     [Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

      NAC 583.240  “Federal Food, Drug and Cosmetic Act” defined. (NRS 583.535)  “Federal Food, Drug and Cosmetic Act” means the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, as amended, 21 U.S.C. §§ 301 et seq.).

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. o, eff. 11-4-70; renumbered as § A subsec. 15, 3-5-71]

      NAC 583.250  “Federal Meat Inspection Act” defined. (NRS 583.535)  “Federal Meat Inspection Act” means the Federal Meat Inspection Act (34 Stat. 1260, as amended, 21 U.S.C. §§ 601 et seq.).

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. n, eff. 11-4-70; renumbered as § A subsec. 14, 3-5-71]

      NAC 583.260  “Firm” defined. (NRS 583.535)  “Firm” means any corporation, partnership, association or other unincorporated business organization.

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. b, eff. 11-4-70; renumbered as § A subsec. 1, 3-5-71]

      NAC 583.270  “Food additive” defined. (NRS 583.535)  “Food additive” means any substance the intended use of which results, or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food, and any source of radiation intended for such a use, if the substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on the common use of food to be safe under the conditions of its intended use. The term does not include:

     1.  A pesticide chemical in or on a raw agricultural commodity;

     2.  A pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity;

     3.  A color additive;

     4.  Any substance used in accordance with a sanction or approval granted prior to September 6, 1958, pursuant to this chapter, the Poultry Products Inspection Act (21 U.S.C. §§ 451 et seq.) or the Meat Inspection Act of March 4, 1907, as amended and extended; or

     5.  A new animal drug.

     [Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

      NAC 583.280  “Label” defined. (NRS 583.535)  “Label” has the meaning ascribed to it in NRS 583.315.

     [Bd. of Health, Meat Inspection Reg. Art. I § I subsec. 1, eff. 11-4-70; renumbered as § A subsec. 12, 3-5-71]

      NAC 583.290  “Meat food product” defined. (NRS 583.535)  “Meat food product” has the meaning ascribed to it in NRS 583.345.

     [Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. q, eff. 11-4-70; renumbered as § A subsec. 7, 3-5-71]

      NAC 583.300  “Officer” defined. (NRS 583.535)  “Officer” means the State Health Officer.

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. a, eff. 11-4-70; renumbered as § A subsec. 1, 3-5-71]

      NAC 583.310  “Official inspection mark” defined. (NRS 583.535)  “Official inspection mark” has the meaning ascribed to it in NRS 583.385.

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. r, eff. 11-4-70; renumbered as § A subsec. 18, 3-5-71]

      NAC 583.320  “Pesticide chemical” defined. (NRS 583.535)  “Pesticide chemical” means any substance which, alone, in chemical combination or in formulation with one or more other substances, is an “economic poison” within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, as amended, 7 U.S.C. §§ 136 et seq.) and which is used in the production, storage or transportation of raw agricultural commodities.

     [Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

      NAC 583.330  “Prepared” defined. (NRS 583.535)  “Prepared” means slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed.

     [Bd. of Health, Meat Inspection Reg. Art. II § I subsec. i, eff. 11-4-70; renumbered as § A subsec. 9, 3-5-71]

      NAC 583.340  “Raw agricultural commodity” defined. (NRS 583.535)  “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form before marketing.

     [Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

      NAC 583.350  Scope. (NRS 583.535)  The provisions of NAC 583.211 to 583.530, inclusive, provide for:

     1.  The mandatory inspection of the slaughter of cattle, sheep, swine, goats and equines, and the preparation of carcasses, parts of carcasses, meat and meat food products of the animals, solely for distribution in Nevada;

     2.  The regulation of related industries; and

     3.  Cooperation with the Department of Agriculture.

     [Bd. of Health, Meat Inspection Reg. Art. I, eff. 11-4-70]

      NAC 583.360  Authority of Officer. (NRS 583.535)  The Officer may:

     1.  Gather and compile information concerning and investigate the organization, business, conduct, practices and management of any person engaged in intrastate commerce, and the relation of those persons to other persons.

     2.  Require, by general or special orders, persons engaged in intrastate commerce or any class of them, to file with the Officer, in such form as the Officer may prescribe, annual or special reports or answers in writing to specific questions, furnishing the Officer with the information he or she may require regarding the organization, business, conduct, practices, management and relation to other persons filing the reports or answers in writing. The reports and answers must be made under oath, or otherwise, as the Officer may prescribe, and must be filed with the Officer within a reasonable period as the Officer may prescribe, unless additional time is granted by the Officer.

     [Bd. of Health, Meat Inspection Reg. Art. V § IV, eff. 11-4-70; renumbered as § D, 3-5-71]

      NAC 583.370  Inspection service. (NRS 583.535)  The Board of Health may employ or approve employment of veterinary inspectors, lay inspectors or contract with private veterinarians or lay inspectors skilled or trained in the inspection of meat and animals to supervise sanitation and perform examinations at approved slaughtering establishments. These assigned representatives are responsible for sanitation in the plant where they are assigned. They shall enforce the provisions of NAC 583.211 to 583.530, inclusive, and affix the required stamps of approval of meat and meat products in the assigned plant.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 4, eff. 7-2-62; A 8-21-62; A and renumbered as 3, 7-8-73]

      NAC 583.380  Appointment and duties of inspectors. (NRS 583.535)

     1.  The Officer shall appoint inspectors to make examinations and inspections of all cattle, sheep, swine, goats, horses, mules and other equines, of all carcasses and parts thereof, of all meat and meat food products, and of the sanitary conditions of all establishments in which the meat and meat products are prepared.

     2.  The inspectors shall refuse to stamp, mark, tag or label any carcass or any part thereof, or meat food product prepared in any establishment, until they have actually been inspected and found to be not adulterated.

     3.  The inspectors shall perform any other duties provided by NAC 583.211 to 583.530, inclusive.

     4.  All inspections and examinations made pursuant to NAC 583.211 to 583.530, inclusive, must be made in the manner prescribed by the Officer.

     [Bd. of Health, Meat Inspection Reg. Art. II § XIII, eff. 11-4-70; renumbered as § M, 3-5-71]

      NAC 583.390  Access to establishments; destruction of condemned products. (NRS 583.535)

     1.  For any examination and inspection, the inspectors must have access at all times, whether or not the establishment is operating, to every part of the establishment.

     2.  The inspectors shall mark, stamp, tag or label as “Nevada Inspected and Passed” all products found to be not adulterated.

     3.  The inspectors shall label, mark, stamp or tag as “Nevada Inspected and Condemned” all products found to be adulterated. All condemned meat food products must be destroyed for food purposes.

     4.  The Officer may remove inspectors from any establishment who fail to destroy any condemned meat food products.

     [Bd. of Health, Meat Inspection Reg. Art. II § VI, eff. 11-4-70; renumbered as § F, 3-5-71]

      NAC 583.400  Antemortem examination. (NRS 583.535)

     1.  An antemortem examination must be made of all cattle, sheep, swine, goats or other meat food animals before slaughter. This examination must be on the day of slaughter, in pens on the premises.

     2.  Horses, mules or burros must not be slaughtered in the same establishment as other animals for human consumption.

     3.  Each slaughter establishment must obtain the current Regulations Governing Meat Inspection of the Department of Agriculture and at all times have a copy of this booklet on the premises. The regulations regarding definitions, composition and labeling apply.

     4.  Diseased animals, carcasses and parts must be disposed of according to the Regulations Governing Meat Inspection of the Department of Agriculture.

     5.  Slaughtered animals must be cleaned and suspended from an overhead rail, then dressed, examined, prepared and processed, as described in Regulations Governing Meat Inspection of the Department of Agriculture. When the processing and examination of the animal has been completed, the acceptable carcasses and all primal cuts must be stamped with the authorized inspection stamp and numbered by the authorized inspector of the particular establishment.

     [Bd. of Health, Meat, Poultry and Shellfish Reg. No. 3, eff. 7-2-62; A 8-21-62; renumbered as 2, 7-8-73]

      NAC 583.410  Postmortem inspections. (NRS 583.535)

     1.  The Officer shall appoint inspectors to make a postmortem examination and inspection of the carcasses and parts of all cattle, sheep, swine, goats, horses, mules and other equines, capable of use as human food, to be prepared at any slaughtering, meat canning, salting, packing, rendering or similar establishment in this State if these articles are prepared solely for intrastate commerce.

     2.  The carcasses and parts of all such animals found to be not adulterated must be marked, stamped, tagged or labeled as “Inspected and Passed.”

     3.  The inspectors shall label, mark, stamp or tag as “Inspected and Condemned” all carcasses and parts of animals found to be adulterated.

     4.  All carcasses and parts thereof inspected and condemned must be destroyed for food purposes by the establishment in the presence of an inspector.

     5.  The Officer may remove inspectors from any establishment which fails to destroy any condemned carcass or part thereof.

     6.  The inspectors, after the first inspection, shall, when they deem it necessary, reinspect the carcasses or parts thereof to determine whether, since the first inspection, they have become adulterated. If any carcass or any part thereof has upon an examination and inspection subsequent to the first examination and inspection, been found to be adulterated, it must be destroyed for food purposes by the establishment in the presence of an inspector. The Officer may remove inspectors from any establishment which fails to destroy any condemned carcass or part thereof.

     [Bd. of Health, Meat Inspection Reg. Art. II § IV, eff. 11-4-70; renumbered as § D, 3-5-71]

      NAC 583.420  Nighttime inspections. (NRS 583.535)  The Officer must order an examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines, and the food products thereof, slaughtered and prepared in establishments for the purpose of intrastate commerce to be made during the nighttime as well as during the daytime when the slaughtering of cattle, sheep, swine, goats, horses, mules and other equines, or the preparation of food products is conducted during the nighttime.

     [Bd. of Health, Meat Inspection Reg. Art. II § IX, eff. 11-4-70; renumbered as § I, 3-5-71]

      NAC 583.430  Sanitation inspections. (NRS 583.535)

     1.  The Officer shall order inspections made, by experts in sanitation or by other competent inspectors, of all slaughtering, meat canning, salting, packing, rendering or similar establishments in which cattle, sheep, swine, goats, horses, mules and other equines are slaughtered and the meat and meat food products are prepared solely for intrastate commerce.

     2.  These inspections may be made as necessary to inform the Officer of the sanitary conditions.

     3.  The Officer shall prescribe the conditions of sanitation under which the establishments must be maintained.

     4.  If the sanitary conditions of any establishment are such that the meat or meat food products are rendered adulterated, the Officer shall refuse to allow the meat or meat food products to be labeled, marked, stamped or tagged as “Nevada Inspected and Passed.”

     [Bd. of Health, Meat Inspection Reg. Art. II § VIII, eff. 11-4-70; renumbered as § H, 3-5-71]

      NAC 583.440  Labeling and marking. (NRS 583.535)

     1.  When any meat or meat food product prepared for intrastate commerce has been inspected and marked “Nevada Inspected and Passed” and is placed or packed in any can, pot, tin, canvas or other receptacle or covering in any establishment where the inspection is conducted, the person preparing the product must attach a label to the can, pot, tin, canvas or other receptacle or covering, under the supervision of an inspector. The label must state that the contents have been “Nevada Inspected and Passed” under the provisions of NAC 583.211 to 583.530, inclusive.

     2.  No inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas or other receptacle or covering in any establishment where the inspection is conducted is complete until the meat or meat food products have been sealed or enclosed in the can, tin, pot, canvas or other receptacle or covering under the supervision of an inspector.

     3.  All carcasses, parts of carcasses, meat and meat food products inspected at any establishment and found to be not adulterated, must, at the time they leave the establishment, bear, in distinctly legible form, directly on it or on their containers, as the Officer may require, the information required under NAC 583.410.

     4.  The Officer, whenever he or she determines action is necessary for the protection of the public, may prescribe:

     (a) The styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid the false or misleading labeling of any articles or animals.

     (b) Definitions and standards of identity or composition for articles and standards for filling containers for the articles which are not consistent with any standards established under the Federal Food, Drug and Cosmetic Act or under the Federal Meat Inspection Act. There must be consultation between the Officer and the Secretary of Agriculture of the United States before the issuance of the standards to avoid inconsistency between the standards and the federal standards.

     5.  No article may be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling, which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Officer are permitted.

     6.  If the Officer has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading, the Officer may direct that the use be withheld unless the marking, labeling or container is modified in such a manner that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the Officer, the person may request a hearing. The use of the marking, labeling or container must, if the Officer directs, be withheld pending hearing and a final determination by the Officer. Any determination by the Officer is subject to judicial review.

     [Bd. of Health, Meat Inspection Reg. Art. II § VII, eff. 11-4-70; renumbered as § G, 3-5-71]

      NAC 583.450  Reinspection before entry into official establishment. (NRS 583.535)

     1.  The provisions of NAC 583.380 to 583.460, inclusive, apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, horses, mules and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat canning, salting, packing, rendering or similar establishment, where inspection is maintained.

     2.  The examination and inspection must be made before the carcasses or parts thereof are allowed to enter into any department where they are to be treated and prepared for meat food products.

     3.  The provisions of NAC 583.380 to 583.460, inclusive, also apply to all products which, after having been issued from any slaughtering, meat canning, salting, packing, rendering or similar establishment, are returned and an inspection is maintained.

     4.  The Officer may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which an inspection is maintained, under such conditions as the Officer may prescribe to assure that allowing the entry of the articles into inspected establishments will be consistent with the purposes of NAC 583.211 to 583.530, inclusive.

     [Bd. of Health, Meat Inspection Reg. Art. II § V, eff. 11-4-70; renumbered as § E, 3-5-71]

      NAC 583.460  Labels: Prohibited acts. (NRS 583.535)

     1.  No brand manufacturer, printer or other person may cast, print, lithograph or otherwise make any device containing any official mark or imitation, or any label bearing any mark or imitation or any form of official certificate or imitation except as authorized by the Officer.

     2.  No person may:

     (a) Forge any official device, mark or certificate;

     (b) Without authorization from the Officer, use any official device, mark, certificate or imitation, or alter, detach, deface or destroy any official device, mark or certificate;

     (c) Contrary to the regulations prescribed by the Officer, fail to use, detach, deface or destroy any official device, mark or certificate;

     (d) Knowingly possess, without promptly notifying the Officer or his or her representative, any official device or any counterfeit, simulated, forged or improperly altered official mark;

     (e) Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Officer; or

     (f) Knowingly represent that any article has been inspected and passed or exempted when it has not been inspected, passed or exempted.

     [Bd. of Health, Meat Inspection Reg. Art. II § XI, eff. 11-4-70; renumbered as § K, 3-5-71]

      NAC 583.470  Withdrawal of inspection services. (NRS 583.535)

     1.  The Officer may, for such period as the Officer deems necessary to effectuate the purposes of NAC 583.211 to 538.530, inclusive, refuse to provide or withdraw inspection services for any establishment if he or she determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, the service, that the applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient, or anyone responsibly connected with the applicant or recipient has been convicted in any federal or state court, of:

     (a) A felony; or

     (b) More than one violation of any law, other than a felony, based upon the acquiring, handling or distributing of unwholesome, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food.

     2.  This section does not affect other provisions for the withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.

     3.  For the purpose of this section, a person is responsibly connected with the business if the person was a partner, officer, director, holder or owner of at least 10 percent of its voting stock or employee in a managerial or executive capacity. The determination and order of the Officer under this section is final and conclusive unless the affected applicant for, or recipient of, inspection services files an application for judicial review.

     [Bd. of Health, Meat Inspection Reg. Art. V § I, eff. 11-4-70; renumbered as § A, 3-5-71]

      NAC 583.480  Bribes. (NRS 583.535)

     1.  Any person, or any agent or employee of any person, who gives, pays or offers, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of this State authorized to perform any of the duties prescribed by NRS 583.255 to 583.555, inclusive, or by the regulations of the Board of Health, any money or other thing of value, with an intent to influence the inspector, deputy inspector, chief inspector, or other officer or employee of this State in the discharge of any duty, is subject to prosecution for bribery.

     2.  Any inspector, deputy inspector, chief inspector or other officer or employee of this State authorized to perform any of the duties prescribed by NAC 583.211 to 583.530, inclusive, who accepts any money, gift or other thing of value from any person or the officers, agents or employees of the person, given with an intent to influence his or her official action, or who receives or accepts from any person engaged in intrastate commerce any gift, money or other thing of value given with any purpose or intent, is subject to prosecution for bribery and, upon conviction, will be summarily discharged from office.

     [Bd. of Health, Meat Inspection Reg. Art. II § XIV, eff. 11-4-70; renumbered as § N, 3-5-71]

      NAC 583.490  Seizure and condemnation. (NRS 583.535)

     1.  Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce, or is held for sale in this State after transportation and that:

     (a) Is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of NAC 583.211 to 583.530, inclusive;

     (b) Is capable of use as human food and is adulterated or misbranded; or

     (c) In any other way is in violation of NAC 583.211 to 583.530, inclusive, may be proceeded against and seized and condemned, by any court of competent jurisdiction.

     2.  If the article or animal is condemned, it must, after entry of the decree, be disposed of by destruction or sale as the court may direct.

     3.  In no case may the article or animal be sold contrary to the provisions of NAC 583.211 to 583.530, inclusive, the Federal Meat Inspection Act or the Federal Food, Drug and Cosmetic Act.

     4.  The provisions of this section do not limit the authority for condemnation or seizure conferred by other provisions of NAC 583.211 to 583.530, inclusive, or other laws.

     [Bd. of Health, Meat Inspection Reg. Art. V §§ II & III, eff. 11-4-70; renumbered as §§ B & C, 3-5-71]

      NAC 583.500  Federal Meat Inspection Act. (NRS 583.535)  The requirements of NAC 583.211 to 583.530, inclusive, apply to persons, animals and articles regulated under the Federal Meat Inspection Act only to the extent provided for in Section 408 of the Federal Act.

     [Bd. of Health, Meat Inspection Reg. Art. V § V, eff. 11-4-70; renumbered as § E, 3-5-71]

      NAC 583.510  Federal assistance. (NRS 583.535)

     1.  The Officer will cooperate with the Secretary of Agriculture under the provisions of Section 301 of the Federal Meat Inspection Act in developing and administering the program for inspecting meat in this State to assure that not later than November 15, 1969, the program’s requirements will be at least equal to those imposed under Titles I and IV of the Federal Meat Inspection Act and in developing and administering the program in a manner that will effectuate the purposes of NAC 583.211 to 583.530, inclusive, and the Federal Act.

     2.  In cooperative efforts, the Officer will accept from the Secretary, advisory assistance in planning and developing the State’s program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for the administration of the program.

     3.  The Officer shall recommend to the Secretary of Agriculture officials or employees of Nevada designated by the Officer, for appointment to the advisory committees provided for in Section 301 of the Federal Meat Inspection Act. The Officer shall serve as consultant with the Secretary under paragraph (c) of Section 301 of the Act.

     [Bd. of Health, Meat Inspection Reg. Art. IV § I, eff. 11-4-70; renumbered as § A, 3-5-71]

      NAC 583.520  Adoption of federal regulations. (NRS 583.535)  The cooperative agreement between the Health Division of the Department of Health and Human Services and the Consumer and Marketing Service of the Department of Agriculture contemplates that the status of slaughter and processing plants in Nevada will be equal to those required at plants under federal inspection. To accomplish this, the Board of Health hereby adopts as regulations the applicable sections of Part 302 to Part 320, inclusive, of the Regulations Governing Meat Inspection of the Department of Agriculture.

     [Bd. of Health, Meat Inspection Reg. Art. VI, eff. 11-4-70]

      NAC 583.530  Exemptions. (NRS 583.515, 583.535)

     1.  The provisions requiring the inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting the operations do not apply to:

     (a) The slaughtering by any person of animals the person raised; and

     (b) The preparation by the person, and the transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of the animals exclusively for use by the person, members of his or her household and his or her nonpaying guests and employees.

     2.  The provisions requiring the inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products do not apply to operations traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail establishment for sale in normal retail quantities or service of the articles to consumers at the establishments.

     3.  The slaughter of animals and the preparation of articles referred to in subsection 2 must be conducted in accordance with the sanitary conditions the Officer may prescribe by regulation. Violations of any regulation is prohibited.

     4.  The provisions concerning adulteration and misbranding, other than the requirement of the inspection legend, apply to articles not required to be inspected under NAC 583.211 to 583.530, inclusive.

     [Bd. of Health, Meat Inspection Reg. Art. II § XV, eff. 11-4-70; renumbered as § O, 3-5-71]

SHELLFISH

      NAC 583.532  Definitions. (NRS 439.200)  As used in NAC 583.532 to 583.590, inclusive, unless the context otherwise requires, the words and terms defined in NAC 583.534 to 583.542, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.534  “Certificate” defined. (NRS 439.200)  “Certificate” means the certificate of authority to affix a stamp to containers of shellfish that is issued by the Health Division and authorizes a person to operate as a wholesaler.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.536  “Facility” defined. (NRS 439.200)  “Facility” means a facility where shellfish are received, processed, repacked, shucked or distributed.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.538  “Health Division” defined. (NRS 439.200)  “Health Division” means the Health Division of the Department of Health and Human Services.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.539  “Model ordinance” defined. (NRS 439.200)  “Model ordinance” means the Shellfish Sanitation Model Ordinance adopted by reference by the Health Division pursuant to NAC 583.546.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

     NAC 583.540  “Shellfish” defined. (NRS 439.200)  “Shellfish” has the meaning ascribed to it in the model ordinance.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

      NAC 583.542  “Wholesaler” defined. (NRS 439.200)  “Wholesaler” means a dealer, depuration processor, repacker, reshipper, shellstock shipper or shucker-packer, as those terms are defined in the model ordinance.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.546  Adoption by reference of Shellfish Sanitation Model Ordinance. (NRS 439.200)

     1.  The State Board of Health hereby adopts by reference the Shellfish Sanitation Model Ordinance set forth in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 1997 edition, published by the Food and Drug Administration of the United States Department of Health and Human Services, and any subsequent edition that is approved by the State Health Officer for use in this State. For the purposes of carrying out the provisions of NAC 583.532 to 583.590, inclusive, any reference in the Shellfish Sanitation Model Ordinance to the term “authority,” unless the context otherwise requires, shall be deemed to mean the Health Division.

     2.  Each subsequent edition of the Shellfish Sanitation Model Ordinance shall be deemed approved by the State Board of Health unless the State Health Officer disapproves the edition within 10 days after the date of publication by the Food and Drug Administration. The State Health Officer shall review each edition issued after the 1997 edition to ensure its suitability for this State.

     3.  A copy of the Shellfish Sanitation Model Ordinance may be obtained from the Interstate Shellfish Sanitation Conference, 115 Atrium Way, Suite 117, Columbia, South Carolina 29223, at no cost, or on the Internet from the website of the Interstate Shellfish Sanitation Conference at http://www.issc.org/.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.548  Certificate required to operate as wholesaler. (NRS 439.200)  A person shall not operate as a wholesaler unless the person has been issued a certificate by the Health Division.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.550  Certificate: Application; issuance; renewal; fees. (NRS 439.150, 439.200)

     1.  To apply for a certificate, a person must submit to the Health Division:

     (a) A completed application on a form provided by the Health Division;

     (b) A written description of the type of business in which the person wishes to engage and the facility that will be used;

     (c) A map which indicates the location of the facility;

     (d) A plan for analyzing the hazards of critical control points; and

     (e) The applicable fees.

Ê If a holder of a certificate moves to a new facility or remodels his or her facility, the holder must submit an application for a new certificate in accordance with this subsection.

     2.  The Health Division shall issue a certificate to each qualified applicant following approval of the plan for analyzing the hazards of critical control points submitted by the applicant and a satisfactory inspection of his or her facility. The Health Division must approve the plan for analyzing the hazards of critical control points before it conducts the inspection. Each certificate is valid for 1 year.

     3.  The Health Division shall, not later than 45 days before a certificate expires, send a notice of renewal to the holder of the certificate. The notice must include:

     (a) The amount of the fee for the renewal of the certificate; and

     (b) The date on which the notice of renewal and fee for renewal must be returned to the Health Division.

     4.  The Health Division may require an inspection of the facility to determine whether to renew the certificate. If the Health Division determines that an inspection of the facility is required for the renewal of the certificate, the certificate remains in effect until the certificate expires or until the Health Division makes a determination whether to renew the certificate, whichever occurs later.

     5.  The Health Division shall not renew the certificate of a holder who fails, without good cause, to submit the fee for renewal to the Health Division not later than 30 days before the certificate expires. The provisions of this subsection do not prohibit a holder of a certificate from applying for a new certificate.

     6.  The Health Division shall charge and collect the following nonrefundable fees:

     (a) For the issuance or renewal of a certificate, $1,835.

     (b) For the review of a plan for analyzing the hazards of critical control points for each new certificate, $635.

     7.  As used in this section, “plan for analyzing the hazards of critical control points,” commonly known as an “HACCP plan,” means a written document created by a food establishment that sets forth the formal procedures for following the principles of the “Hazard Analysis and Critical Control Point System,” developed by the National Advisory Committee on Microbiological Criteria for Foods and available from the United States Department of Agriculture, 1255 22nd Street, NW, Washington, DC 20250-3700.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99; R196-03, 1-22-2004)

      NAC 583.552  Certificate: Grounds for denial, suspension or revocation. (NRS 439.200)  The Health Division may deny an application or suspend or revoke a certificate upon any of the following grounds:

     1.  The failure or refusal of an applicant or holder of a certificate to comply with the provisions of NAC 583.532 to 583.590, inclusive, or any other regulations adopted by the State Board of Health.

     2.  The failure or refusal of an applicant or holder of a certificate to cooperate with an investigation or inspection conducted by the Health Division to carry out the provisions of NAC 583.532 to 583.590, inclusive.

     3.  Engaging in the business of a wholesaler without a certificate.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.554  Certificate: Appeal of denial, suspension or revocation. (NRS 439.200)  An applicant or holder of a certificate who is aggrieved by an action of the Health Division concerning the denial, suspension or revocation of a certificate may, not later than 10 business days after the action of the Board is taken, file a notice of appeal in the manner prescribed in NAC 439.300 to 439.395, inclusive.

     (Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

      NAC 583.560  Requirements for affixing stamp. (NRS 439.200)

     1.  The holder of a certificate shall not affix a stamp to a container of shellfish unless he or she has complied with the provisions of the model ordinance and any applicable regulations adopted by the appropriate health authority.

     2.  As used in this section, “health authority” has the meaning ascribed to it in NRS 439.005.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

      NAC 583.570  Analysis of samples. (NRS 439.200)

     1.  The holder of a certificate shall, upon request, submit samples of his or her shellfish to the Health Division for analysis.

     2.  The Health Division shall approve the shellfish if the samples are in compliance with the provisions of the model ordinance.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

      NAC 583.580  Handling and shipment. (NRS 439.200)  The holder of a certificate shall handle and ship all containers to which the holder of the certificate affixes his or her stamp in a manner which:

     1.  Will prevent spoilage and contamination during shipping; and

     2.  Complies with the provisions of the model ordinance.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

      NAC 583.590  Stamp to be affixed to tag; information required on tag. (NRS 439.200)

     1.  The holder of a certificate shall affix his or her stamp to a tag which is attached to a container of shellfish.

     2.  The tag must include:

     (a) The name and address of the holder of the certificate;

     (b) The number of the certificate; and

     (c) Any other information required by the provisions of the model ordinance.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)